II112th CONGRESS2d SessionS. 3526IN THE SENATE OF THE UNITED STATESSeptember 11, 2012Mr. Wicker (for himself
and Mr. Inhofe) introduced the following
bill; which was read twice and referred to the
Committee on Armed
ServicesA BILLTo amend title 10, United States Code, to protect the
rights of conscience of members of the Armed Forces and chaplains of members of
the Armed Forces, and for other purposes.1.Short titleThis Act may be cited as the
Military Religious Freedom Act of
2012.2.Protection of rights
of conscience of members of the Armed Forces and chaplains of such
members(a)ProtectionChapter 53 of title 10, United States Code,
is amended by inserting after section 1034 the following new section:1034a.Protection
of rights of conscience of members of the armed forces and chaplains of such
members(a)Protection of
rights of conscienceThe armed forces shall accommodate the
conscience and sincerely held moral principles and religious beliefs of the
members of the armed forces concerning the appropriate and inappropriate
expression of human sexuality and may not use such conscience, principles, or
beliefs as the basis of any adverse personnel action, discrimination, or denial
of promotion, schooling, training, or assignment. Nothing in this subsection
precludes disciplinary action for conduct that is proscribed by chapter 47 of
this title (the Uniform Code of Military Justice).(b)Protection of
chaplains(1)For purposes of this
subsection, a military chaplain is—(A)a certified religious leader or clergy
of a faith community who, after satisfying the professional and educational
requirements of the commissioning service, is commissioned as an officer in the
Chaplains Corps of one of the branches of the armed forces; and(B)a representative of the faith group of
the chaplain, who remains accountable to the endorsing faith group for the
religious ministry involved to members of the armed forces, to—(i)provide for the religious and
spiritual needs of members of the armed forces of that faith group; and(ii)facilitate the religious needs of
members of the armed forces of other faith groups.(2)No member of the armed forces
may—(A)direct, order, or require a military
chaplain to perform any duty, rite, ritual, ceremony, service, or function that
is contrary to the conscience, moral principles, or religious beliefs of the
chaplain, or contrary to the moral principles and religious beliefs of the
endorsing faith group of the chaplain; or(B)discriminate or take any adverse
personnel action against a military chaplain, including denial of promotion,
schooling, training, or assignment, on the basis of the refusal by the chaplain
to comply with a direction, order, or requirement prohibited by subparagraph
(A).(c)RegulationsThe
Secretary of Defense shall issue regulations implementing the protections
afforded by this
section..(b)Clerical
amendmentThe table of sections at the beginning of chapter 53 of
such title is amended by inserting after the item relating to section 1034 the
following new item:1034a. Protection of rights of conscience of members of the
armed forces and chaplains of such
members..3.Use of military
installations as sites for marriage ceremonies or marriage-like
ceremoniesA military
installation or other property owned or rented by, or otherwise under the
jurisdiction or control of, the Department of Defense may not be used to
officiate, solemnize, or perform a marriage or marriage-like ceremony involving
anything other than the union of one man with one woman.